IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION
October 4, 2012
MARSHALL T. GLEASON III, PLAINTIFF,
WORLD SAVINGS BANK, FSB, ET AL.,
The opinion of the court was delivered by: Richard Seeborg United States District Judge
ORDER DENYING PRELIMINARY INJUNCTION AND REFERRING CASE TO ADR UNIT FOR MEDIATION 10
For the Northern District of California
Plaintiff in this wrongful ex parte application for a temporary foreclosure action filed an 13 restraining order (TRO), and an order to show cause why a preliminary injunction should not issue.
The request was denied because no foreclosure sale has been noticed, and hence there was no 15 apparent risk of irreparable injury. See Winter v. Natural Res. Def. Council, Inc., 555 U.S. 7, 20-24 (2008). Plaintiff's request for a preliminary injunction was scheduled for a hearing, and the parties were afforded the option of filing supplemental briefing in advance of argument, but no briefing was 18 received. The hearing was held with Chanel Oldham appearing for World Savings Bank, FSB et al. 19 and Marshall T. Gleason III representing himself. 20
As set forth in the order denying a TRO, Plaintiff's request for a preliminary injunction must 21 be denied because Gleason has not borne his burden of demonstrating "he is likely to succeed on the 22 merits," given that the weight of the evidence indicates the Bank may well have met the due 23 diligence requirements of Civil Code § 2923.5. Winter v. Natural Res. Def. Council, Inc., 555 U.S. 24 7, 20 (2008). 25
At the hearing, both parties agreed to participate in the court-sponsored mediation process.
Therefore, this matter is referred to the Alternative Dispute Resolution Unit for mediation to be 27 completed within 30 days of the issuance of this order. See ADR Local Rule 2-3. The Bank 28 indicated that it would not schedule a foreclosure sale before the mediation is completed. The 2 parties shall promptly notify the court whether the case is resolved at the mediation. 3 4
IT IS SO ORDERED.
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